If your child has been injured in a playground accident, you may be able to claim compensation.
Playground accidents are common and aren’t usually caused by anyone’s error; whenever there is a situation where the accident is due to the negligent or incompetent behaviour of another individual, however, compensation may be awarded to the injured party.
To find out if you will be able to claim compensation for your child's accident, contact us today. Our team of professional and approachable solicitors are experts in the field of personal injury claims, having helped hundreds of clients win the compensation they deserve. Call us now to speak to one of our experts.
Causes of playground accidents
Most playground accidents are just that- accidents. As any parent will know, kids running around in an open space is always likely to lead to some form of accident, usually a slip or a fall. But some playground accidents are caused by the negligent behaviour of their operators. Common causes of playground accidents include:
- Broken playground equipment
Broken playground equipment poses a serious risk to children’s safety. It is up to the playground’s operator, whether that be a school or council, to maintain their playground’s equipment and ensure it is safe for children to use. Play equipment should be inspected regularly and broken equipment should be either repaired or removed to prevent any potential injuries.
- Hard floors around play equipment
Falls are the most common type of playground accident and although not all falls can be avoided, steps can be taken to reduce the chance of a serious injury happening. Installing hard floors around swings, slides and other play equipment makes it more likely that a child will suffer a significant injury in the event of a fall.
- Unclean areas
Playgrounds should be kept clean and free of hazards. It is a sad fact that many playgrounds become home to dangerous items such as broken bottles, used syringes, and other unsanitary items. Litter that has been allowed to build up is likely to pose a serious trip hazard and could cause injury to a child. It is up to the playground’s owner to ensure that the playground is cleaned up to reduce the risk of a playground accident.
If your child has been injured in a playground accident that was caused by the playground operator’s negligence, you will be able to make a claim against the operator, whether that be your child’s school or a local council or authority. Councils must inspect their playgrounds regularly and ensure they are safe for use; this involves checking play equipment for signs of damage and arranging for playgrounds to be cleaned.
My child was injured in a private playground – Can we still claim compensation?
If your child was injured in a private playground, it will more difficult for you to prove that your child’s injuries were caused by the playground owner’s negligence and you may struggle to make a claim. Most private playgrounds make it very clear that users use the playground’s equipment at their own risk and the owner cannot be held responsible for any accidents that occur on their playground. Whether you will be able to claim for an accident sustained in a private playground will depend on the circumstances of your child’s accident and whether any signs were displayed around the playground to absolve its owner of liability. If your child has been injured in a private playground and you aren’t sure if you have a claim, speak to us directly.
Can I claim compensation?
Although most playground accidents involve children, children aren’t allowed to make personal injury claims until they turn 18 years of age. It therefore falls to their parents and legal guardians to make a claim for them. Parents and guardians have the legal right to act as their child’s litigation friend, bringing cases to court on the child’s behalf and making any decisions that need to be made. If you don’t make a claim, your child will have three years from the date of their 18th birthday to make a claim.
If you have been injured in a child’s playground, you may also be able to make a claim. If you have been injured on broken equipment, for example, you still have the right to make a claim for your injuries.
How much compensation can we claim?
The amount of compensation your child will be awarded will depend on entirely on the circumstances of their accident. Compensation payouts for playground accidents vary considerably and are decided on a case-by-case basis. To decide how much compensation you should be paid, the court will consider your child’s physical and mental suffering, as well as any financial losses your family has had to endure because of your child’s accident. To get a better idea of how much compensation you are likely to be awarded, contact our team today.